STEWART v. PA. DEPT. OF CORRECTIONS et al
| LEE STEWART |
| PA. DEPT. OF CORRECTIONS, CORIZON HEALTH CARE, INC., STEVEN GLUNT, DEBRA YOUNKIN, MAHAMMOD NAJI, MANDY CORMAN, MARIA LEAHY, MARVIN BRANTO and JOHN DOE |
| 3:2013cv00246 |
| November 1, 2013 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Clearfield |
| Cynthia Reed Eddy |
| Kim R. Gibson |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. ยง 1983 pr Prisoner Civil Rights |
| None |
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Filing
126
MEMORANDUM ORDER - IT IS HEREBY ORDERED that Defendants Marvin Branton and Rich Clark's motion for summary judgment [ECF No. 87 ] is granted; that Defendant Muhammad Naji's motion for summary judgment [ECF No. 91 ] is granted; and that De fendants Mandy Corman and Maria Leahy's motion for summary judgment [ECF No. 95 ] is granted. IT IS FURTHER ORDERED that to the extent Plaintiff seeks to maintain a claim against the unidentified John Doe Physician Assistant, said party is dis missed pursuant to Federal Rule of Civil Procedure 21, as Plaintiff has had an opportunity to discovery this party's identity and has failed to do so. See Blakeslee v. Clinton Cnty., 336 Fed. App'x 248, 250 (3d Cir. 2009) ("If reasonab le discovery does not unveil the proper identities,... John Doe defendants must be dismissed."); IT IS FURTHER ORDERED that the Report and Recommendation of Magistrate Judge Cynthia Reed Eddy [ECF No. 124 ] is hereby adopted as the Opinion of the District Court, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/15/2016. (dlg)
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Filing
56
ORDER granting in part and denying in part 38 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 40 Motion to Dismiss for Failure to State a Claim; denying 42 Motion to Dismiss. It is further Ordered that Defe ndants Glunt, Younkin, Corizon Health, Inc., and Rich Hallworth are dismissed from the case, leaving only Defendants Branto, Corman, Leahy, Naji and John Doe, a Physician Assistant (who remains unidentified and unserved). It is further Ordered that the Report and Recommendation (ECF No. 51 ) dated 11/10/2014, as supplemented by this Order, is Adopted as the Opinion of the Court. It is further Ordered that Defendants Branto, Corman, Leahy, Naji shall file their responsive pleading(s) in accordance with Federal Rule of Civil Procedure 12(a)(4)(A), and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 12/15/2014. (dlg)
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